New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-01-15
WANTS MRS. THURBERT TO PAY,
A. HOWARD HINKLE DEMANDS ZOO,

WAS THERE BREACH OF CONTRACT ~ COyNgc-
TON WITH THE NATIONAL OPERA
6uit has been begun In this city by A. Howard Hlno
of Cincinnati, against Mrs. Jeanette NJ Thurbcr to
cover $4,000 with interest from December last for
money advanced by him on November % to Charles l..
Locke the manager Of the National Opera Company tho
payment Of which guaranteed by Mrs Thurber The
summons and complaint were served January by
Marsh Wilson q Wallis, Mr. Hinkle's counsel The com
plaDt as follows:
That Oh the 9th day Of November 1886 the defend
ant requested the plaintiff to cash the draft Of one Charles
f. Locke for the sum OF twelve thousand dollars aud In
consideration therefor promised aud agreed IN writing.
payment of said draft when due; which draft tho
same hereinafter described.
E. Locke at the CITY Of Cincinnati Ohio drew HIS certain
draft or bin Of dated on taat day whereby for
Louis Missouri to to his own order one week after
lars and upon tho face of said draft in writing, duly
waived acceptance thereof.
duly Endorsed the said draft blank and delivered
Endorsed to the plaintiff who relying upon the defendants
thereof did cash said draft and pay and advance said
Locke the of $4,000 and therefore became and Is
w. That when the said draft became due and payable
it duly presented for payment to the said Bank Of
duly demanded which refused whereupon the said
draft duly protested for payment OF all OF which
" That part said draft has been paid though pay
ment thereof has been duly demanded.
defendant for twelve thousand dollars with interest
thereon FROM the 4th day Of December 1885, besides tho
costs OF this action
Mr. Hinkle Is well known in Cincinnati patron Of
music. He is a member Of the firm OF Van Antwerp,
Bragg Co.. publishers, OF that city, and has taken deep
interest in the operate enterprise undertaken by Mrs
Thurber. He sought 10 make the appearance Of tho
American (afterward NatonaD Opera Company sue
cessful one in Cincinnati. Mr.. Hnkle took personal
charge matter his counsel say and attended even
to the remodelng of Music Hall, where the company
sang; he superintendent the advertising and did all that
he could advance the welfare of the organization in
Cincinnati even going far in his enthusiasm as to
guarantee to share half and half any loss up $1,000
According the story CLEANED from Mr. Hinkles law
yers on the last day Of the in Cincinnati he re-
ceived telegram from Mrs Thurber, asking him to ac
commodato Mr.. Locke with 900 and saying that it
would be repaid the following week. and that she would
be personally responsible for the sum- Mr. Hinke went
to the bank with Mr. Locke, who drew himself in ST.
Louis Mr. Hinke Endorsed the draft and Mr.. Locke got
the 81 1000 Subsequently Mr.. Hinke received tele
gram from Mr. Locke in St Louis stating that the money
was not in st. Louis but that the draft would he paid
The draft went to protest and was returned to Mr.
Hnkle, who paid Sl2,O21 on account
Mrs. Thurber next telegraphed her compliments and
said that the would be paid in Chicago The drats
was sent thither and returned. Mr. Hinkle teie
graphed to Ihurber asking her If she guaranteed
the draft Her reply was " Certainly" Mr. Hinkle
did not get the money and he put the matter IN the
hands of Marsh Wilson Wallis, who served the COM
plant stated.
Mrs Thurber is In Boston, whittier she went on Mon
day. January g. the day which the summons and COM
plant were served Mr. Thurber is of the opinion that
Frank Lawrence Mrs. Thurbers attorney, also The at
torney OF the National Opera Company accepted service
and that Mrs Thurber has not yet seen the papers Mr.
Lawrence took the p train yesterday for Boston to
confer with Mrs. Thurber
sherburne b. Eaton, the attorney Of the American
Is
of the suit but legal capacity he had nothing to do
with the matter.
f. B. Thurber said of the suit: az have heard Mrs
Thurber and Mr. discuss this matter at length
long story, whose details have paid little at
tention. The matter hinges believe. upon the inter-
probation to be put upon telegram sent by Mrs. Thur
Der which the question whether this was her per-
sonal guarantee simply her guarantee AS representa-
tive OF the opera company. However this may be,
Mrs Thurber will certainly take the equitable
course in the matter do not mink
is personally that suit has been begun she
talked OF the matter before she went TO Boston anu SAID
that she would Strnggp m SI Ya as may s t s
sured that no injustice will be do ny one MT Hinss
have hearing. The plaintiff yOu know is often apt
to win until the defence has its hearing There
cinnati Involved in this matter. which Mrs murber.
believe thinks the company should not pay for There
the other ii might not be amiss 10 suspend Judgment"
Before Mrs Thgrber went TO Boston she was called on
stage and assistant conductor who asked for tho
payment their salaries then SIX weeks overdue
They all received Oneha the amount except Mr. Candi
dus to whom IL is said - 900 is still due
CINCINNATI, Jan. ii tspeciaD.The following statement
has been obtained here from the report made by Mr.
Iinke who is known resident director Of the Amer
lean Opera Company regarding the companys financial
affairs here
receipts for the week 5?3 20
Erpens cs including remodeliing OF Music Hall, al.
'efus'As 4"o' "
Cash proceeds lag 81
Advanced c. ID. Jafray, cashier l"oooO w
This entirely outside the $4,000 transaction IL is
understood that Mr. Hnkle has resigned all connection
with the opera company
Mr. Hnkle says concerning the claim that there were
permanent mproveme made in Music Hall. that tho
improvements were temporary and were paid for In tho
expenses the and fully accounted for In tho
statement Mrs Thurber The OF American
Opera ia Cincinnati given entirely upon the respon
sbilty and at the expense of the American Opera Com
pany with the guarantee that II loss OF 5000 was
made Mr. Hinkle would stand onehalf the loss State
ments sent Mrs Thurber show that Mr. Hinkle paid his
OF the loss in advance 10 the treasurer OF the com
pany The $4,000 transaction Is free OF any connection